Community Justice (Scotland) Act 2016

Community Justice Scotland: developing and arranging services

31 Ability of Community Justice Scotland to develop and arrange services

(1) The powers conferred on Community Justice Scotland by section 5 include, in particular, power to do any of the things mentioned in subsection (2) in pursuance of section 4(1)(c).

(2) Those things are—

(a) identifying a desirable service falling within subsection (3),

(b) designing an appropriate model for the provision of such a service,

(c) making arrangements for the provision of such a service,

(d) encouraging or assisting, or acting in collaboration with, any of the community justice partners to do anything mentioned in paragraphs (a) to (c).

(3) A service falls within this subsection if the service—

(a) is provided to persons falling within section 1(3), (6) or (7) and involves managing or supporting them with a view to eliminating or reducing future offending by them, or

(b) is provided to persons who are being released, having been convicted of offences and sentenced to imprisonment or detention in penal institutions, and involves preparing them for that release.

(4) In subsection (3)(a), “supporting” has the same meaning as in section 1(1)(b).

(5) A service referred to in subsection (2) may be for—

(a) all of Scotland, or

(b) the areas of particular local authorities.

(6) Before exercising a power conferred by virtue of subsection (1), Community Justice Scotland must—

(a) have regard to the desirability of—

(i) services in a particular area being best suited to the needs of that area, and

(ii) working in collaboration with others, where appropriate,

(b) consult—

(i) each of the community justice partners,

(ii) such third sector bodies involved in community justice as it considers appropriate, and

(iii) such other persons as it considers appropriate.

(7) Subsection (6) does not apply where Community Justice Scotland is complying with a requirement under subsection (8).

(8) Community Justice Scotland must comply with a requirement by the Scottish Ministers that it exercises a power conferred by virtue of subsection (1) in relation to a service of a particular description.

(9) Before making a requirement under subsection (8), the Scottish Ministers must consult—

(a) each of the other community justice partners,

(b) such third sector bodies involved in community justice as they consider appropriate, and

(c) such other persons as they consider appropriate.

(10) Nothing in this section, or section 5, authorises Community Justice Scotland to provide a service falling within subsection (3) (either itself or in collaboration with others).

(11) In this section—

(a) the reference to identifying a service includes procuring and funding the identification of a service,

(b) the reference to designing a service includes procuring and funding the design of a service.